Chapter one? Total? rule
Rule number one In order to regulate the expropriation and compensation activities of houses on state-owned land in this Municipality, safeguard the public interests, and safeguard the legitimate rights and interests of the owner of houses to be expropriated (hereinafter referred to as the expropriated person), these measures are formulated in accordance with the provisions of the State Council's "Regulations on Expropriation and Compensation of Houses on State-owned Land" and other laws and regulations, combined with the actual situation of this Municipality.
Rule number two These Measures shall apply to the expropriation of houses on state-owned land within the administrative area of this Municipality due to public interests.
Rule three. Housing expropriation and compensation should follow the principles of planning first, democratic decision-making, due process, fair compensation and open results.
Article 4? The Municipal People's Government is responsible for the expropriation and compensation of houses on state-owned land in this Municipality. City Housing and Urban-Rural Development Bureau, as the implementation department of housing expropriation and compensation on state-owned land in this Municipality, is responsible for organizing the implementation of housing expropriation and compensation on state-owned land in this Municipality.
The main responsibilities of the house expropriation department are:
(a) to implement the laws, regulations, rules and policies of the state and the province on the expropriation and compensation of houses on state-owned land, and formulate relevant specific provisions on the expropriation and compensation of houses on state-owned land within their respective administrative areas;
(two) to investigate and register the ownership, location, use and construction area of the house within the scope of expropriation, and publish it within the scope of house expropriation;
(3) To draw up a compensation plan;
(four) on behalf of the municipal government to formulate decisions on housing expropriation and compensation;
(5) Organizing public lottery to select real estate appraisal institutions;
(six) signed a house expropriation and compensation agreement with the expropriated person;
(seven) special storage, supervision and disbursement of compensation fees;
(eight) the establishment and management of housing expropriation and compensation files;
(nine) to assess the social stability risk of the proposed project;
(ten) to complete the laws, regulations, rules and other relevant housing expropriation and compensation work assigned by the Municipal People's government.
City housing and urban and rural construction, planning, land resources, development and reform, finance, auditing, supervision, public security, urban management and other departments, as well as the town people's government and grass-roots organizations in the housing expropriation area shall, in accordance with the division of responsibilities, cooperate with each other and assist in the housing expropriation and compensation work.
Article 5? City housing levy department may entrust the housing levy implementation unit to undertake the specific work of housing levy and compensation. The implementation unit of house expropriation shall not be for profit.
The house expropriation department is responsible for supervising the house expropriation and compensation implemented by the house expropriation implementation unit within the scope of entrustment, and shall bear legal responsibility for the consequences of its actions.
Article 6? Any organization or individual who violates these measures has the right to report to the Municipal People's government, the house expropriation department and other relevant departments. After receiving the report, the relevant departments shall promptly verify the handling and inform the informants of the handling results.
The municipal supervisory organ shall strengthen the supervision of the relevant departments or units involved in the work of house expropriation and compensation and their staff.
Chapter II Collection Decision
Article 7? In order to protect national security, promote national economic and social development and other public interests, the Municipal People's Government shall make a decision on house expropriation in any of the following circumstances:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.
Article 8? In accordance with the provisions of Article 7 of these Measures, the construction activities that really need to expropriate houses shall conform to the national economic and social development planning, the overall land use planning, urban and rural planning and special planning. The construction of affordable housing projects and the transformation of old urban areas should be included in the annual plan for national economic and social development of the Municipal People's government.
The formulation of national economic and social development planning, overall land use planning, urban and rural planning and special planning shall solicit public opinions and conduct scientific argumentation.
Article 9? If the construction unit or other unit needs the Municipal People's Government to expropriate houses due to public interests, it shall apply to the municipal house expropriation department for expropriation. Affordable housing construction, old city reconstruction projects, the construction unit has not yet been determined, the Municipal People's government designated departments or units to apply for collection. Units applying for expropriation shall submit the following materials:
(a) the national economic and social development planning certificate issued by the development and reform department;
(two) proof that the construction land conforms to the urban and rural planning and special planning;
(3) Proof of conformity with the overall land use planning;
(four) the red line map of the construction project planning;
(5) Other materials that need to be submitted.
Article 10? The house expropriation department shall investigate and register the ownership, location, use and construction area of the house to be expropriated, collect relevant evidence, and the expropriated person shall cooperate. Refuse to cooperate, directly identified by the property department registration files. Planning, land, housing, urban and rural construction and other relevant departments shall investigate, identify and deal with the legality of unregistered buildings according to law. Compensation for legal buildings and temporary buildings that have not exceeded the approved period; No compensation will be given to illegal buildings and temporary buildings that exceed the approved period.
The results of housing investigation, registration and property right appraisal shall be announced to the expropriated person within the scope of housing expropriation.
Article 11? The house expropriation department shall draw up a compensation plan for house expropriation and report it to the Municipal People's Government. The contents of the compensation scheme for expropriation shall include the basis of expropriation, the purpose of expropriation, the scope of expropriation, the subject of expropriation, the implementation unit, the implementation time, the compensation method, subsidies and incentives, the location and area of the property right exchange house, the transition mode and transition period of relocation, and the signing period.
Article 12? The Municipal People's Government shall organize relevant departments to demonstrate the compensation scheme for expropriation, and publish it within the scope of expropriation to solicit public opinions. The time for soliciting opinions shall not be less than 30 days.
Thirteenth Municipal People's government will solicit opinions in a timely manner within the scope of collection and modify the situation according to public opinions.
Because of the need to expropriate houses for the transformation of the old city, if more than half of the expropriated people think that the expropriation compensation scheme does not conform to the relevant provisions, the Municipal People's Government shall organize a hearing attended by the expropriated people and public representatives, and modify the scheme according to the hearing.
Article 14 Before the Municipal People's Government makes a decision on house expropriation, the house expropriation department shall conduct social stability risk assessment in accordance with the provisions.
The decision of house expropriation involves a large number of people to be expropriated, which shall be discussed and decided by the executive meeting of the municipal government.
Before making a decision on house expropriation, the compensation fee shall be paid in full, stored in a special account, earmarked for special purposes and managed in a unified way.
Fifteenth Municipal People's Government shall make a decision on house expropriation according to the relevant information provided by the house expropriation department and the compensation scheme revised after soliciting public opinions, and make an announcement within the scope of house expropriation.
The announcement of the house expropriation decision shall specify the expropriation compensation scheme, administrative reconsideration, administrative litigation rights and other matters.
The house expropriation department shall do a good job in the publicity and explanation of house expropriation and compensation.
If houses are expropriated according to law, the right to use state-owned land shall be recovered at the same time.
Sixteenth after the scope of house expropriation is determined, the following activities shall not be implemented within the scope of house expropriation:
(1) Building, expanding and rebuilding houses;
(2) Changing the use of houses and land;
(3) Housing lease and mortgage;
(4) advertising settings;
(5) Decorate the house;
(six) in the industrial and commercial registration, the registered address of the house to be expropriated shall be used for registration;
(seven) other acts of improper increase of compensation fees.
The house expropriation department shall notify the planning, housing and urban and rural construction, land and resources, urban management, industry and commerce, taxation and other relevant departments in writing to suspend the relevant procedures. The written notice of suspension of relevant formalities shall specify the suspension period. The maximum suspension period shall not exceed 1 year.
Chapter three? Expropriation evaluation
Article 17? The compensation for the value of the expropriated house shall not be lower than the market price of the expropriated house similar to real estate on the date of the announcement of the house expropriation decision.
The similar real estate of the expropriated house refers to the same or similar real estate with the location, use, nature of rights, grade, old and new degree, scale and building structure of the expropriated house.
The similar real estate price of the expropriated house refers to the average transaction price of the similar real estate of the expropriated house at the evaluation time.
The appraisal time of the house to be expropriated is the date of the announcement of the house expropriation decision.
Article 18? The real estate price appraisal institution shall be selected by the expropriated person through consultation within the specified time; If the expropriated person fails to negotiate within the specified time, the house expropriation department may organize the expropriated person to vote in accordance with the principle that the minority is subordinate to the majority, or decide by lottery or lottery.
The time for the expropriated person to negotiate and choose a real estate price assessment agency shall not be less than 5 working days.
Nineteenth to determine the real estate price assessment agencies shall follow the following procedures:
(a) the housing levy department released assessment information to the society;
(2) Registration of real estate price assessment agencies with corresponding qualifications;
(three) the housing levy department announced the list of real estate price assessment agencies with corresponding qualifications in the order of registration;
(four) the expropriated person shall negotiate and choose a real estate price assessment agency within the specified time. If negotiation fails, the house expropriation department shall organize the expropriated person to vote or draw lots to determine. When voting is adopted, if more than 50% of the expropriated people choose the same real estate price assessment agency, it is a majority decision; Less than 50%, take the lottery, lottery and other random ways to determine;
(five) the housing levy department announced the real estate price assessment agencies selected by the expropriated person through consultation or decided by the majority or randomly selected.
The process and results of determining the real estate price assessment agency by majority decision and random selection shall be notarized by a notary office according to law.
Article 20? Real estate price assessment agencies shall independently, objectively and impartially assess the house expropriation, and no unit or individual may interfere.
Article 21? The real estate price assessment institution shall provide the overall assessment report and household assessment report of the expropriated house to the house expropriation department within the scope of entrusted assessment. The results of household evaluation shall include the composition, basic situation and evaluation value of the evaluation object. The house expropriation department shall publicize the results of household assessment within the scope of expropriation and forward the household assessment report to the expropriated person. ?
Article 22? If the expropriated person or the house expropriation department disagrees with the evaluation results, it shall apply to the real estate price appraisal agency for review and evaluation within 10 days from the date of receiving the evaluation report.
To apply for review and evaluation, a written application for review and evaluation shall be submitted to the real estate price evaluation institution, and the problems existing in the evaluation report shall be pointed out.
The real estate price appraisal institution shall review the appraisal results within 10 days from the date of receiving the written application for review and appraisal. After the review, if the original review results change, the review report shall be re-issued; If the evaluation results have not changed, it shall inform the applicant for review and evaluation in writing.
If the expropriated person or the house expropriation department has any objection to the review result of the real estate price appraisal institution, it shall, within 10 days from the date of receiving the review result, apply to the Xuzhou Real Estate Price Appraisal Expert Committee for appraisal.
If the expropriated person still disagrees with the evaluation opinions, it shall be handled in accordance with the provisions of Article 26 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land.
Chapter IV Compensation
Article 23? The Municipal People's Government shall compensate the expropriated person, including:
(1) Compensation for the value of the expropriated house (including compensation for land use rights, house decoration and accessories);
(two) relocation compensation and temporary resettlement caused by the expropriation of houses;
(three) compensation for losses caused by the expropriation of houses;
(4) Subsidies and rewards given to the expropriated person.
Article 24? The expropriated person can choose monetary compensation or house property right exchange.
If the expropriated person chooses monetary compensation, the compensation price shall be assessed and determined by the real estate price assessment agency.
If the expropriated person chooses the house property right exchange, the Municipal People's Government shall provide the house property right exchange, and calculate the value of the expropriated house and the house property right exchange with the expropriated person to settle the difference.
Article 25? Expropriation of individual housing, the expropriated person meets the housing security conditions, the Municipal People's government gives priority to housing security. If the expropriated person has only one house in the urban area of this Municipality and the monetary compensation for the expropriated house is lower than the minimum standard of expropriation compensation, the house expropriation department shall publicize and approve it within the scope of expropriation, and compensate the expropriated person according to the minimum standard of expropriation compensation for urban houses in this Municipality. The minimum standard of compensation for urban housing expropriation in this city is 80 thousand yuan.
Article 26? The identification and compensation of the original public housing that implements the rent standard stipulated by the government shall be determined by the property right unit according to the records of public housing resettlement files and the payment of rent, and shall be stamped with the official seal after verification and publicized. After publicity, it shall be reported to the implementation unit without objection. Do not meet the conditions, no compensation and resettlement, the deadline to vacate.
If the original public housing tenant and the property owner choose monetary compensation, 20% of the real estate assessment value will be compensated to the property owner, and the rest will be paid to the original public housing tenant.
If the lessee of the original public housing chooses to purchase resettlement houses, he shall enjoy preferential resettlement prices according to the confirmed legal rental area, and the part beyond the legal rental area shall be settled according to the market price of commercial housing.
Article 27? Compensation for losses caused by the expropriation of non-residential houses shall be determined according to the actual use efficiency of the houses expropriated before the expropriation and the actual period of suspension of production and business.
The loss of production and business suspension refers to the direct loss of interests caused by house expropriation.
Article 28? If the expropriated person changes the residential house into an operating house without authorization, no compensation will be given for the loss of production or business suspension at the time of expropriation; Unauthorized changes in the use of non-residential housing, the loss of production or business suspension is calculated according to the original use.
Forged or altered land, house ownership certificate, industrial and commercial business license and other supporting documents to defraud compensation for losses caused by suspension of production and business, shall be recovered according to law, and the corresponding legal responsibilities shall be investigated.
Article 29? The house expropriation department and the expropriated person shall, in accordance with the provisions of these Measures, conclude a house expropriation compensation agreement within the time limit stipulated in the expropriation announcement, which includes:
(a) the name and domicile of the parties to the house expropriation;
(2) the method of compensation, the amount of monetary compensation and the time limit for payment;
(three) the area and location of the temporary resettlement housing;
(four) the payment method and time limit of the house price difference of the property right exchange;
(five) relocation period, relocation transition mode and transition period;
(six) relocation subsidies, temporary resettlement subsidies and losses from production and business suspension;
(seven) the liability for breach of contract and dispute resolution;
(eight) other terms agreed by the parties;
(nine) other contents stipulated by laws, regulations, rules and policies.
After the conclusion of the compensation agreement, if one party fails to perform the obligations stipulated in the compensation agreement, the other party may bring a lawsuit according to law.
Article 30? If the house expropriation department and the expropriated person fail to reach a compensation agreement within the signing period determined by the expropriation compensation scheme, or the owner of the expropriated house is unknown, the house expropriation department shall report to the Municipal People's Government, make a compensation decision according to the expropriation compensation scheme, and make an announcement within the scope of house expropriation.
Article 31? The decision on expropriation compensation shall contain the following contents:
(a) the way of compensation;
(two) the amount of compensation and payment period;
(three) the location and area of the house for property rights exchange;
(four) relocation subsidies, temporary resettlement subsidies, production and operation losses;
(five) the relocation period;
(six) the transition mode and the transition period;
(seven) the way and time limit of relief.
Article 32? If the expropriated person refuses to accept the compensation decision, he may apply for administrative reconsideration or bring an administrative lawsuit according to law.
If the expropriated person does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not move within the time limit stipulated in the compensation decision, the Municipal People's Government shall apply to the people's court for compulsory execution according to law.
The application for compulsory execution shall be accompanied by the amount of compensation, the account number of the special account, the location and area of the property right exchange house and the turnover house.
Article 33? The implementation of house expropriation should be compensated first, and then moved. After giving compensation to the expropriated person, the expropriated person shall complete the relocation within the relocation period agreed in the compensation agreement or determined by the compensation decision.
No unit or individual may use violence, threat or interruption of water supply, heat supply, gas supply, power supply, road traffic and other illegal means to force the expropriated person to move. Construction units are prohibited from participating in relocation activities.
Article 34? The house expropriation department shall establish a house expropriation compensation file according to law, and announce the assessment and compensation to the expropriated person within the scope of house expropriation.
Audit institutions shall strengthen supervision over the management and use of compensation fees and publish the audit results.
Chapter V Legal Liability
Article 35? The staff of the Municipal People's government and the house expropriation department do not perform their duties as prescribed in the present Measures in the house expropriation and compensation work, or abuse their powers, neglect their duties, engage in malpractices for selfish ends, and the Municipal People's government shall order them to make corrections, informed criticism; If losses are caused, it shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 36? If the expropriated person is forced to move by illegal means such as violence, threat or interruption of water supply, heat supply, gas supply, power supply and road traffic in violation of regulations, and losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law; Those who violate the administration of public security shall be punished according to law.
Article 37? Take violence, threats and other methods to hinder the housing expropriation and compensation work carried out according to law, which constitutes a crime, and shall be investigated for criminal responsibility according to law; Those who violate the administration of public security shall be punished according to law.
Article 38? Those who embezzle, misappropriate, privately divide, intercept or default in collecting compensation fees shall be ordered to make corrections, recover relevant funds, return illegal income within a time limit, and give a warning and informed criticism to the relevant responsible units; If losses are caused, it shall be liable for compensation according to law; If the directly responsible person in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Chapter VI Supplementary Provisions
Article 39? These Measures shall be interpreted by the municipal housing levy department.
Article 40? These Measures shall come into force as of the date of promulgation. On June 5438+February 1 day, 2005, the "Regulations on the Management of Urban Housing Demolition in xinyi city" issued by the municipal government (new document No.66 [2005]) was abolished at the same time. Before the implementation of these measures, the projects that have obtained the house demolition permit according to law shall continue to be handled according to the original provisions. However, the government shall not organize forced demolition, and shall apply to the people's court for execution according to law.